The Fourth Circuit Court of Appeals dismissed Deputy J. Evans' appeal on Jan. 6, 2026, in a case involving the fatal shooting of Adrian Roberts, a military veteran who was killed during the execution of an involuntary commitment order. The unanimous decision, written by Chief Judge Diaz and joined by Judges Thacker and Rushing, held that the court lacked jurisdiction over the appeal because it involved factual disputes rather than legal questions.
The case centers on the tragic death of Adrian Roberts, a veteran who was experiencing severe mental health distress when law enforcement officers arrived at his home to execute an involuntary commitment order. According to court documents, officers forcibly entered Roberts' residence, and within seconds of entry, Deputy Justin Evans shot and killed the veteran.
Sabara Fisher Roberts, Adrian's wife and administrator of his estate, filed a lawsuit against Evans alleging Fourth Amendment violations, including the use of excessive force. The case presents conflicting accounts of what occurred during the fatal encounter. Roberts alleged that her husband's back was turned when Evans shot him, suggesting the use of force was unjustified. Evans, however, claimed that Adrian had charged the officers with a machete, necessitating the use of deadly force to protect himself and other officers.
The U.S. District Court for the Eastern District of North Carolina, presided over by Judge James C. Dever III, found that material disputes of fact existed regarding the circumstances of the shooting. Consequently, the district court denied Evans' motions for qualified immunity and summary judgment on the excessive force claim. This ruling meant that the case would proceed to trial, where a jury would determine the facts surrounding Adrian Roberts' death.
Evans appealed the district court's decision to the Fourth Circuit, seeking to overturn the denial of qualified immunity and summary judgment. Qualified immunity is a legal doctrine that protects government officials, including law enforcement officers, from civil lawsuits unless they violated clearly established statutory or constitutional rights that a reasonable person would have known about.
However, the Fourth Circuit found that it lacked jurisdiction to hear the appeal. Chief Judge Diaz explained in the opinion that the district court's decision was based on factual disputes rather than questions of law. Federal appellate courts generally have limited jurisdiction over interlocutory appeals - appeals of rulings made before a final judgment - and typically can only review legal determinations, not factual findings.
The court's dismissal means that the case will return to the district court, where the factual disputes surrounding Adrian Roberts' death will be resolved through the trial process. A jury will ultimately determine whether Deputy Evans used excessive force in violation of the Fourth Amendment when he shot and killed the veteran.
The case highlights ongoing concerns about law enforcement's response to mental health crises and the use of force during involuntary commitment proceedings. Mental health advocates have long argued for better training and protocols when officers interact with individuals experiencing psychological distress, particularly veterans who may be dealing with post-traumatic stress disorder or other service-related mental health conditions.
The Fourth Amendment protects individuals against unreasonable searches and seizures and establishes the standard for when law enforcement may use force. Courts apply an objective reasonableness test, considering factors such as the severity of the threat posed, whether the suspect was actively resisting, and whether the suspect was attempting to flee.
Evans was represented by Reginald Bernard Gillespie Jr. of Wilson Ratledge PLLC in Raleigh, North Carolina. Sabara Fisher Roberts was represented by John Joseph Coyle III of McEldrew Purtell in Philadelphia, Pennsylvania.
The case was argued before the Fourth Circuit on Oct. 21, 2025, and the court issued its decision dismissing the appeal on Jan. 6, 2026. The original district court case, *Roberts v. Evans*, was filed as case number 5:21-cv-00356-D in the Eastern District of North Carolina.
With the Fourth Circuit's dismissal of the appeal, the case will proceed in the district court, where the family of Adrian Roberts will have the opportunity to present their case to a jury. The outcome will determine whether Deputy Evans can be held liable for constitutional violations in connection with the veteran's death during what should have been a mental health intervention.